Sausalito/Marin County Chapter of the California Homeless Union v. City of Sausalito

Good Law
United States District Court, Northern District of CaliforniaDecember 13, 20213:21-cv-01143California2,287 words

Opinion

trial_court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SAUSALITO/MARIN COUNTY Case No. 21-cv-01143-EMC

CHAPTER OF THE CALIFORNIA

8 HOMELESS UNION, et al.,

ORDER DENYING PLAINTIFFS’

9 Plaintiffs, MOTION FOR ORDER TO SHOW

CAUSE AND FOR MODIFICATION OF

10 v. PRELIMINARY INJUNCTION

11 CITY OF SAUSALITO, et al., Docket No. 55

12 Defendants.

13 14 15 On December 9, 2021, the Court heard: (1) Plaintiffs’ motion for an order to show cause 16 regarding contempt and for modification of the preliminary injunction and (2) Defendants’ cross- 17 motion for modification of the preliminary injunction. 18 I. CONTEMPT 19 The Court addresses first the contempt motion.

20 In the Ninth Circuit, the moving party has the initial burden to show "by clear and convincing evidence that the contemnors violated a 21 specific and definite order of the court." In re Bennett, 298 F.3d 1059, 1069 (9th Cir. 2002) (citation and quotation marks omitted). 22 Once the…

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